A new bill proposing the removal of senior government members, including the Prime Minister and Chief Ministers, who are jailed for 30 days on 'serious criminal charges' has ignited a fierce political storm. The opposition has vehemently accused the ruling Bharatiya Janata Party (BJP) of a 'conspiracy' to illegally dismantle non-allied governments it cannot defeat through democratic elections.
Opposition MPs have labelled the bill 'draconian' and 'unconstitutional,' warning that the BJP is attempting to transform the country into a 'police state' and a 'dictatorship.' They argue that the proposed law would legalise and constitutionalise the BJP's alleged tactics of using central investigative agencies to intimidate opposition leaders and destabilise rival governments.
"I see it as a completely draconian thing," said Congress leader Priyanka Gandhi Vadra, calling the 'anti-corruption' justification a "veil across the eyes of the people." She expressed outrage, questioning the legality of a Chief Minister being removed from office after a 30-day arrest without a conviction. "It is absolutely anti-constitutional and undemocratic," she stated.
Abhishek Singhvi, another prominent Congress leader, echoed this sentiment, calling the bill the "best way to destabilise the opposition." He asserted that it would allow the ruling party to "unleash biased central agencies to arrest opposition chief ministers and then... remove them by arbitrary arrests," while ensuring that "no ruling party chief minister will ever be touched!"
Past cases cited as evidence
Several opposition leaders pointed to recent cases to underscore their concerns. They highlighted the case of former Delhi Chief Minister Arvind Kejriwal, who was arrested on corruption charges related to an alleged liquor excise policy scam. Kejriwal, whose Aam Aadmi Party (AAP) has repeatedly defeated the BJP in Delhi elections, was jailed for over five months without a trial before the Supreme Court granted him bail.
If the new bill had been law, he would have been automatically removed from his position on the 31st day of his arrest. Although he initially resisted pressure to resign, citing the lack of a conviction, he eventually stepped down on September 17.
A similar situation occurred in Tamil Nadu with the DMK's V. Senthil Balaji, who was arrested on money laundering charges. Chief Minister M.K. Stalin initially allowed him to remain in the cabinet as a minister without portfolio, leading to a legal and political standoff with Governor R.N. Ravi before Balaji ultimately resigned.
Cross-Party Opposition
The bill has united various opposition parties in their condemnation. Revolutionary Socialist Party's NK Premachandran stated that the bill has an "ulterior motive" to "destabilise non-BJP ruled state governments," adding that it "cannot be accepted" and "will be opposed."
AIMIM chief Asaduddin Owaisi was more direct, calling the bill "unconstitutional" and warning that the BJP is trying to turn India into a "police state." He stated, "The BJP is forgetting that power is not eternal."
Rashtriya Janata Dal's Sudhakar Singh went further, declaring, "A step is being taken to move towards dictatorship in the country... India is on the verge of becoming Pakistan and Bangladesh, where opposition leaders are either in jail or abroad."
In response, the BJP has defended the bill as a necessary measure to combat corruption in high office and ensure accountability. The party argues that it will strengthen legal frameworks for dealing with politicians accused of criminal offenses.
Arvind Bellad, a BJP MLA from Karnataka, called it a "welcome move," citing past instances where leaders have attempted to govern from jail. He stated, "In the past, chief ministers have tried to rule the government despite being in jail and assume power as soon as they come out."
The current law, under the Representation of People's Act, disqualifies an MLA or MP only if they are convicted of an offense that carries a sentence of at least two years. The new bill's provision for automatic removal after 30 days of jailing on 'serious criminal charges' is a significant departure from this existing legal standard.
Also Read: Centre to propose bills to remove PM, CMs if arrested on charges
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